Live Face On Webb, LLC v. Babak Roshdieh M.D., Corp. et al

Filing 40

STIPULATION AND ORDER re: PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 38 (dts)

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5 Naji Khatib, Esq. (Bar No. 296250) nkhatib@nexiolaw.com NEXIO, PC 245 Fischer Avenue Suite C3 Costa Mesa, CA 92626 Phone: (949) 478-6830 Facsimile: (949) 478-1275 6 Live Face On Web, LLC 1 2 3 4 Attorneys for Plaintiff, 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 LIVE FACE ON WEB, LLC, A Pennsylvania limited liability company, Case No. 5:16−cv−01405−JGB−KKx Hon. Jesus G. Bernal 13 14 Plaintiff, STIPULATION AND [PROPOSED] ORDER RE: PROTECTIVE ORDER vs. 15 16 17 BABAK ROSHDIEH, M.D. CORP., et al., Defendants. 18 19 20 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff Live Face 21 on Web, LLC (“Plaintiff” or “LFOW”), and Defendants Babak Roshdieh (“Roshdieh”) and 22 Babak Roshdieh, M.D. Corp. (“BRMD”) (Roshdieh and BRMD are, collectively, 23 “Defendant”), through counsel undersigned, jointly submit this Stipulated Protective Order 24 to govern the handling of information and materials produced in the course of discovery or 25 filed with the Court in this action; 26 1. PURPOSES, LIMITATIONS AND GOOD CAUSE. 27 1.1. Purpose and Limitations. Disclosure and discovery activity in this action are likely 28 to involve production of confidential, proprietary, or private information for which PROTECTIVE ORDER 1 special protection from public disclosure and from use for any purpose other than 2 prosecuting this litigation may be warranted. Accordingly, the parties hereby 3 stipulate to and petition the court to enter the following Stipulated Protective Order. 4 The parties acknowledge that this Order does not confer blanket protections on all 5 disclosures or responses to discovery and that the protection it affords from public 6 disclosure and use extends only to the limited information or items that are entitled 7 to confidential treatment under the applicable legal principles. The parties further 8 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 9 Order does not entitle them to file confidential information under seal; Civil Local 10 Rule 79-5 sets forth the procedures that must be followed and the standards that will 11 be applied when a party seeks permission from the court to file material under seal. 12 1.2. Good Cause Statement. It is the intent of the parties and the Court that information 13 will not be designated as confidential for tactical reasons in this case and that 14 nothing be so designated without a good faith belief that there is good cause why it 15 should not be part of the public record of this case. Generally, information and 16 documents shall be designated where the Designating Party believes is proprietary, 17 confidential, and/or is trade secret, and which the Designating Party would not 18 publically release. Examples of confidential information that the parties may seek 19 to protect from unrestricted or unprotected disclosure include:  Information that is the subject of a non-disclosure or confidentiality 20 agreement or obligation; 21  The names, or other information tending to reveal the identity of a Party’s 22 supplier, designer, distributor, or customer; 23 24  Agreements with third-parties; 25  Research and development information; 26  Proprietary engineering or technical information, including product design, 27 manufacturing techniques, processing information, drawings, memoranda and 28 reports; 2 PROTECTIVE ORDER 1  Information related to budgets, sales, profits, costs, margins, product pricing, 1 2 or other internal financial/accounting information, including non-public 3 information related to financial condition or performance and income or other 4 non-public tax information; 5  Information related to internal operations including personnel information; 6  Information related to past, current and future product development; 7  Information related to past, current and future market analyses and business 8 and marketing development, including plans, strategies, forecasts and 9 competition;  Information related a treatment received by a specific patient (as applicable); 10 and, 11  Trade secrets (as defined by the jurisdiction in which the information is 12 located). 13 14 Unrestricted or unprotected disclosure of such confidential, technical, 15 commercial or personal information would result in prejudice or harm to the 16 Designating Party by revealing the Designating Party’s competitive confidential 17 information, which has been developed at the expense of the Designating Party 18 and which represents valuable tangible and intangible assets of that party. 19 Additionally, privacy interests must be safeguarded. Accordingly, the parties 20 respectfully submit that there is good cause for the entry of this Protective Order. 21 22 2. DEFINITIONS. 23 2.1. Action: The above captioned federal lawsuit. 24 2.2. “ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive 25 “Confidential Information or Items,” disclosure of which to another Party or Non- 26 Party would create a substantial risk of serious harm that could not be avoided by 27 less restrictive means. 28 3 PROTECTIVE ORDER 1 2.3. Challenging Party: a Party or Non-Party that challenges the designation of 1 information or items under this Order. 2 2.4. “CONFIDENTIAL” Information or Items: information (regardless of how it is 3 4 generated, stored or maintained) or tangible things that qualify for protection under 5 Federal Rule of Civil Procedure 26(c). 2.5. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 6 as their support staff). 7 8 2.6. Designating Party: a Party or Non-Party that designates information or items that it 9 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”. 10 2.7. Disclosure or Discovery Material: all items or information, regardless of the 11 12 medium or manner in which it is generated, stored, or maintained (including, among 13 other things, testimony, transcripts, and tangible things), that are produced or 14 generated in disclosures or responses to discovery in this matter. 15 2.8. Expert: a person with specialized knowledge or experience in a matter pertinent to 16 the litigation who (1) has been retained by a Party or its counsel to serve as an 17 expert witness or as a consultant in this action, (2) is not a past or current employee 18 of a Party or of a Party’s competitor, and (3) at the time of retention, is not 19 anticipated to become an employee of a Party or of a Party’s competitor. 20 2.9. House Counsel: attorneys who are employees of a party to this action. House 21 Counsel does not include Outside Counsel of Record or any other outside counsel. 22 2.10. Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 23 2.11. Outside Counsel of Record: attorneys who are not employees of a party to this 24 25 action but are retained to represent or advise a party to this action and have appeared 26 in this action on behalf of that party or are affiliated with a law firm which has 27 appeared on behalf of that party. 28 4 PROTECTIVE ORDER 1 1 2.12. Party: any party to this action, including all of its officers, directors, employees, 2 consultants, retained experts, and Outside Counsel of Record (and their support 3 staffs). 2.13. Producing Party: a Party or Non-Party that produces Disclosure or Discovery 4 Material in this action. 5 2.14. Professional Vendors: persons or entities that provide litigation support services 6 7 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, 8 and organizing, storing, or retrieving data in any form or medium) and their 9 employees and subcontractors. 2.15. Protected Material: any Disclosure or Discovery Material that is designated as 10 “CONFIDENTIAL,” or as “ATTORNEYS’ EYES ONLY.” 11 2.16. Receiving Party: a Party that receives Disclosure or Discovery Material from a 12 Producing Party. 13 14 15 3. SCOPE. The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or extracted 17 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 18 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 19 their Counsel that reveals Protected Material. Any use of Protected Material at trial 20 shall be governed by the orders of a trial judge. This Order does not govern the use of 21 Protected Material at trial. 22 3.1. Exclusions. The protections conferred by this Stipulation and Order do not cover the 23 following information: (a) any information that is in the public domain at the time of 24 disclosure to a Receiving Party or becomes part of the public domain after its 25 disclosure to a Receiving Party as a result of publication not involving a violation of 26 this Order, including becoming part of the public record through trial or otherwise; 27 (b) any information known to the Receiving Party prior to the disclosure or obtained 28 by the Receiving Party after the disclosure from a source who obtained the 5 PROTECTIVE ORDER 1 1 information lawfully and under no obligation of confidentiality to the Designating 2 Party; and (c) any Protected Material that is disclosed at trial that was not afforded 3 protection by the trial judge. 4 5 4. DURATION. Consistent with the exclusions set forth in Section 3.1, even after final 6 disposition of this litigation, the confidentiality obligations imposed by this Order shall 7 remain in effect until a Designating Party agrees otherwise in writing or a court order 8 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 9 claims and defenses in this action, with or without prejudice; and (2) final judgment 10 herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or 11 reviews of this action, including the time limits for filing any motions or applications for 12 extension of time pursuant to applicable law. 13 14 5. DESIGNATING PROTECTED MATERIAL. 15 5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or 16 Non-Party that designates information or items for protection under this Order must 17 take care to limit any such designation to specific material that qualifies under the 18 appropriate standards. To the extent it is practical to do so, the Designating Party 19 must designate for protection only those parts of material, documents, items, or oral 20 or written communications that qualify – so that other portions of the material, 21 documents, items, or communications for which protection is not warranted are not 22 swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or 23 routinized designations are prohibited. Designations that are shown to be clearly 24 unjustified or that have been made for an improper purpose (e.g., to unnecessarily 25 encumber or retard the case development process or to impose unnecessary 26 expenses and burdens on other parties) expose the Designating Party to sanctions. If 27 it comes to a Designating Party’s attention that information or items that it 28 designated for protection do not qualify for protection at all or do not qualify for the 6 PROTECTIVE ORDER 1 1 level of protection initially asserted, that Designating Party must promptly notify all 2 other parties that it is withdrawing the mistaken/inapplicable designation. 3 5.2. Manner and Timing of Designations. Except as otherwise provided in this Order 4 (see, e.g., second paragraph of section 5.2.1 below), or as otherwise stipulated or 5 ordered, Disclosure or Discovery Material that qualifies for protection under this 6 Order must be clearly so designated before the material is disclosed or produced. 7 Designation in conformity with this Order requires: 8 5.2.1. Documents: for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial 9 10 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or 11 “ATTORNEYS’ EYES ONLY” to each page that contains protected material. If 12 only a portion or portions of the material on a page qualifies for protection, the 13 Producing Party also must clearly identify the protected portion(s) (e.g., by 14 making appropriate markings in the margins) and must specify, for each portion, 15 the level of protection being asserted. 5.2.2. Originals: A Party or Non-Party that makes original documents or materials 16 17 available for inspection need not designate them for protection until after the 18 inspecting Party has indicated which material it would like copied and produced. 19 During the inspection and before the designation, all of the material made 20 available for inspection shall be deemed “ATTORNEYS’ EYES ONLY.” After 21 the inspecting Party has identified the documents it wants copied and produced, 22 the Producing Party must determine which documents, or portions thereof, 23 qualify for protection under this Order. Then, before producing the specified 24 documents, the Producing Party must affix the appropriate legend 25 (“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY) to each page that 26 contains Protected Material. If only a portion or portions of the material on a 27 page qualifies for protection, the Producing Party also must clearly identify the 28 7 PROTECTIVE ORDER 1 1 protected portion(s) (e.g., by making appropriate markings in the margins) and 2 must specify, for each portion, the level of protection being asserted. 3 5.2.3. Testimony: for testimony given in deposition that the Designating Party 4 identify on the record, before the close of the deposition, all protected testimony 5 and specify the level of protection being asserted. When it is impractical to 6 identify separately each portion of testimony that is entitled to protection and it 7 appears that substantial portions of the testimony may qualify for protection, the 8 Designating Party may invoke on the record (before the deposition, hearing, or 9 other proceeding is concluded) a right to have up to 21 days to identify the 10 specific portions of the testimony as to which protection is sought and to specify 11 the level of protection being asserted. Only those portions of the testimony that 12 are appropriately designated for protection within the 21 days shall be covered 13 by the provisions of this Stipulated Protective Order. 5.2.4. Other items: for information produced in some form other than documentary 14 15 and for any other tangible items, that the Producing Party affix in a prominent 16 place on the exterior of the container or containers in which the information or 17 item is stored the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES 18 ONLY”. If only a portion or portions of the information or item warrant 19 protection, the Producing Party, to the extent practicable, shall identify the 20 protected portion(s) and specify the level of protection being asserted. 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 21 22 designate qualified information or items does not, standing alone, waive the 23 Designating Party’s right to secure protection under this Order for such material. 24 Upon timely correction of a designation, the Receiving Party must make reasonable 25 efforts to assure that the material is treated in accordance with the provisions of this 26 Order. 27 28 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 8 PROTECTIVE ORDER 1 1 6.1. Timing of Challenges. Any Party or Non-Party may challenge a designation of 2 confidentiality at any time that is consistent with the Court’s scheduling Order. 3 Unless a prompt challenge to a Designating Party’s confidentiality designation is 4 necessary to avoid foreseeable, substantial unfairness, unnecessary economic 5 burdens, or a significant disruption or delay of the litigation, a Party does not waive 6 its right to challenge a confidentiality designation by electing not to mount a 7 challenge promptly after the original designation is disclosed. Any motion 8 challenging confidentiality designations pursuant to this paragraph must be brought 9 in strict compliance with Local Rules 37-1 and 37-2, in their entirety, including the Joint Stipulation Requirement. 10 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process 11 12 under Local Rule 37.1 et seq. by providing written notice of each designation it is 13 challenging and describing the basis for each challenge. To avoid ambiguity as to 14 whether a challenge has been made, the written notice must recite that the challenge 15 to confidentiality is being made in accordance with this specific paragraph of the 16 Protective Order. The parties shall attempt to resolve each challenge in good faith 17 and must begin the process by conferring directly (in voice to voice dialogue; other 18 forms of communication are not sufficient) within 10 days of the date of service of 19 notice. In conferring, the Challenging Party must explain the basis for its belief that 20 the confidentiality designation was not proper and must give the Designating Party 21 an opportunity to review the designated material, to reconsider the circumstances, 22 and, if no change in designation is offered, to explain the basis for the chosen 23 designation. A Challenging Party may proceed to the next stage of the challenge 24 process only if it has engaged in this meet and confer process first or establishes that 25 the Designating Party is unwilling to participate in the meet and confer process in a 26 timely manner. 6.3. The burden of persuasion in any such challenge proceeding shall be on the 27 Designating Party. Frivolous challenges and those made for an improper purpose 28 9 PROTECTIVE ORDER 1 1 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 2 expose the Challenging Party to sanctions. Unless the Designating Party has waived 3 the confidentiality designation by failing to file an applicable motion (e.g. to retain 4 confidentiality), all parties shall continue to afford the material in question the level 5 of protection to which it is entitled under the Producing Party’s designation until the 6 court rules on the challenge. 7 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL. 7.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or 9 10 produced by another Party or by a Non-Party in connection with this case only for 11 prosecuting, defending, or attempting to settle this litigation. Such Protected 12 Material may be disclosed only to the categories of persons and under the conditions 13 described in this Order. When the litigation has been terminated, a Receiving Party 14 must comply with the provisions of section 13 below (FINAL DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a location 16 and in a secure manner that ensures that access is limited to the persons authorized 17 under this Order. 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 18 19 by the court or permitted in writing by the Designating Party, a Receiving Party may 20 disclose any information or item designated “CONFIDENTIAL” only to: 21 7.2.1. the Receiving Party’s Outside Counsel of Record in this action, as well as 22 employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 7.2.2. the officers, directors, and employees (including House Counsel) of the 24 25 Receiving Party to whom disclosure is reasonably necessary for this litigation 26 and who have signed the “Acknowledgment and Agreement to Be Bound” 27 (Exhibit A); 28 10 PROTECTIVE ORDER 1 7.2.3. Experts (as defined in this Order) of the Receiving Party to whom disclosure is 1 2 reasonably necessary for this litigation and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 7.2.4. the court and its personnel; 5 7.2.5. court reporters and their staff; 6 7.2.6. professional jury or trial consultants, and Professional Vendors to whom 7 disclosure is reasonably necessary for this litigation and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7.2.7. the author or recipient of a document containing the information or a custodian 9 10 or other person who otherwise possessed or knew the information; 11 7.2.8. during their depositions, witnesses in the action to whom disclosure is 12 reasonably necessary and who have signed the “Acknowledgment and 13 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 14 Designating Party or ordered by the court. Pages of transcribed deposition 15 testimony or exhibits to depositions that reveal Protected Material must be 16 separately bound by the court reporter and may not be disclosed to anyone 17 except as permitted under this Stipulated Protective Order; and 7.2.9. Any mediator or settlement officer, and their supporting personnel, mutually 18 agreed upon by any of the parties engaged in settlement discussions. 19 7.2.10. 20 The parties’ insurance carriers and representatives thereof. 7.3. Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. Unless 21 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated “ATTORNEYS’ 24 EYES ONLY” only to: 25 7.3.1. the Receiving Party’s Outside Counsel of Record in this action, as well as 26 employees of said Outside Counsel of Record to whom it is reasonably 27 necessary to disclose the information for this Action; 28 11 PROTECTIVE ORDER 1 7.3.2. Experts of the Receiving Party (1) to whom disclosure is reasonably necessary 1 2 for this litigation, and (2) who have signed the “Acknowledgment and 3 Agreement to Be Bound” (Exhibit A) as well as employees and agents of said 4 Experts, provided that said employees and agents sign the “Acknowledgments 5 and Agreement to Be Bound” (Exhibit A); 6 7.3.3. the court and its personnel; 7 7.3.4. court reporters and their staff; 8 7.3.5. professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 7.3.6. the author or recipient of a document containing the information or a custodian 11 or other person who otherwise possessed or knew the information; and 12 7.3.7. Any mediator or settlement officer, and their supporting personnel, mutually 13 agreed upon by any of the parties engaged in settlement discussions. 14 15 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 17 OTHER LITIGATION. If a Party is served with a subpoena or a court order issued in 18 other litigation that compels disclosure of any information or items designated in this 19 action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must: (a) 20 promptly notify in writing the Designating Party. Such notification shall include a copy 21 of the subpoena or court order; (b) promptly notify in writing the party who caused the 22 subpoena or order to issue in the other litigation that some or all of the material covered 23 by the subpoena or order is subject to this Protective Order. Such notification shall 24 include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all 25 reasonable procedures sought to be pursued by the Designating Party whose Protected 26 Material may be affected. 27 8.1. Right to Seek Protective Order. If the Designating Party timely seeks a protective 28 order, the Party served with the subpoena or court order shall not produce any 12 PROTECTIVE ORDER 1 1 information designated in this action as “CONFIDENTIAL” or “ATTORNEYS’ 2 EYES ONLY” before a determination by the court from which the subpoena or 3 order issued, unless the Party has obtained the Designating Party’s permission. The 4 Designating Party shall bear the burden and expense of seeking protection in that 5 court of its confidential material – and nothing in these provisions should be 6 construed as authorizing or encouraging a Receiving Party in this action to disobey a 7 lawful directive from another court. 8 9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION. 10 11 9.1. The terms of this Order are applicable to information produced by a Non-Party in 12 this action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES 13 ONLY”. Such information produced by Non-Parties in connection with this 14 litigation is protected by the remedies and relief provided by this Order. Nothing in 15 these provisions should be construed as prohibiting a Non-Party from seeking 16 additional protections. 17 9.2. In the event that a Party is required, by a valid discovery request, to produce a Non- 18 Party’s confidential information in its possession, and the Party is subject to an 19 agreement with the Non-Party not to produce the Non-Party’s confidential 20 information, then the Party shall: (a) promptly notify in writing the Requesting Party 21 and the Non-Party that some or all of the information requested is subject to a 22 confidentiality agreement with a Non-Party; (b) promptly provide the Non-Party 23 with a copy of the Stipulated Protective Order in this litigation, the relevant 24 discovery request(s), and a reasonably specific description of the information 25 requested; and (c) make the information requested available for inspection by the 26 Non-Party. 9.3. If the Non-Party fails to object or seek a protective order from this court within 14 27 days of receiving the notice and accompanying information, the Receiving Party 28 13 PROTECTIVE ORDER 1 1 may produce the Non-Party’s confidential information responsive to the discovery 2 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 3 not produce any information in its possession or control that is subject to the 4 confidentiality agreement with the Non-Party before a determination by the court. 5 Absent a court order to the contrary, the Non-Party shall bear the burden and 6 expense of seeking protection in this court of its Protected Material. 7 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. If a Receiving 9 Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to 10 any person or in any circumstance not authorized under this Stipulated Protective Order, 11 the Receiving Party must immediately (a) notify in writing the Designating Party of the 12 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of 13 the Protected Material, (c) inform the person or persons to whom unauthorized 14 disclosures were made of all the terms of this Order, and (d) request such person or 15 persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached 16 hereto as Exhibit A. 17 18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 PROTECTED MATERIAL. When a Producing Party gives notice to Receiving 20 Parties that certain inadvertently produced material is subject to a claim of privilege or 21 other protection, the obligations of the Receiving Parties are those set forth in Federal 22 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever 23 procedure may be established in an e-discovery order that provides for production 24 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), 25 insofar as the parties reach an agreement on the effect of disclosure of a communication 26 or information covered by the attorney-client privilege or work product protection, the 27 parties may incorporate their agreement in the stipulated protective order submitted to 28 the court. 14 PROTECTIVE ORDER 1 1 2 12. MISCELLANEOUS. 12.1. Right to Further Relief. Nothing in this Order abridges the right of any person to 3 seek its modification by the court in the future. 4 12.2. Right to Assert Other Objections. By stipulating to the entry of this Protective Order 5 6 no Party waives any right it otherwise would have to object to disclosing or 7 producing any information or item on any ground not addressed in this Stipulated 8 Protective Order. Similarly, no Party waives any right to object on any ground to use 9 in evidence of any of the material covered by this Protective Order. 12.3. Filing Protected Material. A Party that seeks to file under seal any Protected 10 11 Material must comply with Civil Local Rule 79-5.2.2. Protected Material may only 12 be filed under seal pursuant to a court order authorizing the sealing of the specific 13 Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will 14 issue only upon a request establishing that the Protected Material at issue is 15 privileged, protectable as a trade secret, or otherwise entitled to protection under the 16 law. If a Receiving Party's request to file Protected Material under seal pursuant to 17 Civil Local Rule 79-5.2 is denied by the court, then the Receiving Party may file the 18 Protected Material in the public record unless otherwise instructed by the court. 19 20 13. FINAL DISPOSITION. Within 60 days after the final disposition of this action, as 21 defined in paragraph 4, each Receiving Party must return all Protected Material to the 22 Producing Party or destroy such material. As used in this subdivision, “all Protected 23 Material” includes all copies, abstracts, compilations, summaries, and any other format 24 reproducing or capturing any of the Protected Material. Whether the Protected Material 25 is returned or destroyed, the Receiving Party must submit a written certification to the 26 Producing Party (and, if not the same person or entity, to the Designating Party) by the 27 60-day deadline that (1) identifies (by category, where appropriate) all the Protected 28 Material that was returned or destroyed and (2) affirms that the Receiving Party has not 15 PROTECTIVE ORDER 1 1 retained any copies, abstracts, compilations, summaries or any other format reproducing 2 or capturing any of the Protected Material. Notwithstanding this provision, Counsel are 3 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 4 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 5 expert reports, attorney work product, and consultant and expert work product, even if 6 such materials contain Protected Material. Any such archival copies that contain or 7 constitute Protected Material remain subject to this Protective Order as set forth in 8 Section 4 (DURATION). 9 14. REMEDIES. Any violation of this Order may be punished by any and all appropriate 10 measures including, without limitation, contempt proceedings and/or monetary 11 sanctions. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 22 23 24 25 26 27 28 16 PROTECTIVE ORDER 1 Dated: July 5, 2017 1 NEXIO, PC 2 By: 3 4 5 /s/ Naji Khatib / Naji Khatib, Attorneys for Plaintiff, Live Face on Web, LLC 6 Dated: July 5, 2017 7 8 MURPHY, PEARSON, BRADLEY & FEENEY By: 9 10 11 /s/ / Keith G. Adams Attorneys for Defendant Babak Roshdieh, M.D. Corp. 12 13 IT IS SO ORDERED. 14 15 Dated: July 5, 2017 16 __________________________________ Hon. Kenly Kiya Kato United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 17 PROTECTIVE ORDER 1 EXHIBIT A 1 I, ____________________ [print or type full name], of _____________________ 2 3 _______________________ [print or type full address], declare under penalty of perjury 4 that I have read in its entirety and understand the Stipulated Protective Order that was 5 issued by the United States District Court for the Central District of California in the case 6 of Live Face on Web, LLC v. Babak Roshdieh, M.D. Corp., et al., Case No. 7 5:16−cv−01405−JGB−DTB. I agree to comply with and to be bound by all the terms of this 8 Stipulated Protective Order and I understand and acknowledge that failure to so comply 9 could expose me to sanctions and punishment in the nature of contempt. I solemnly 10 promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the 13 14 Central District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: _________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: ______________________________ 25 26 Signature: __________________________________ 27 28 18 PROTECTIVE ORDER 1

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